19-1814 Conveyance of property to ACHD Right-of-WayORDINANCE AUTHORIZING CONVEYANCE OF PROPERTY - Page 1 of 4
CITY OF MERIDIAN ORDINANCE NO. 19-1814
BY THE CITY COUNCIL: BERNT, BORTON, CAVENER,
MILAM, PALMER, LITTLE ROBERTS
AN ORDINANCE AUTHORIZING THE CONVEYANCE OF CERTAIN CITY
OWNED REAL PROPERTY TO THE ADA COUNTY HIGHWAY DISTRICT FOR
RIGHT-OF-WAY PURPOSES, A PORTION OF CERTAIN REAL PROPERTY
LOCATED NEAR THE NORTHERLY PEDESTRIAN ENTRANCE TO HEROES
PARK ON TEN MILE ROAD, IN SECTION 26, T4N, R1W, BM (A PORTION OF
ADA COUNTY ASSESSOR’S PARCEL S0426233770) IN THE CITY OF
MERIDIAN, ADA COUNTY, IDAHO; AUTHORIZING THE MAYOR AND CITY
CLERK TO EXECUTE AND ATTEST ON BEHALF OF THE CITY OF
MERIDIAN THE DEED AND OTHER DOCUMENTS NECESSARY TO
COMPLETE THE TRANSACTION; PROVIDING FOR A WAIVER OF THE
READING RULES; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS , pursuant to Idaho Code 50-1401, the City Council has statutory
authority to sell, exchange, or convey any real property owned by the city which is
underutilized or which is not used for city public purposes; and,
WHEREAS, when it is determined by the City Council to be in the City’s best
interest, the Council may by Ordinance duly enacted, authorize the transfer or conveyance
of the real property to any tax supported governmental entity without compensation; and,
WHEREAS, the proposed transaction would convey certain real property to the
Ada County Highway District for right-of-way purposes; and,
WHEREAS, a public hearing was held at the regular meeting of the Meridian City
Council on March 5, 2019 and at the conclusion of said hearing, the City Council moved to
approve the conveyance, subject to certain terms and conditions, and directed staff to bring
forth this Ordinance authorizing the conveyance.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL
OF THE CITY OF MERIDIAN, IDAHO:
Section 1. That a public hearing on the proposed conveyance was held at the
March 5, 2019 meeting of the Meridian City Council.
Section 2. That the City Council determined after the public hearing that the
proposed conveyance is in the City’s best interest and that the property should be
transferred without compensation to the City.
Section 3. That the City Council has reviewed and approved the legal description
of the proposed right-of-way attached hereto as Exhibit A and incorporated herein.
Meridian City Council Meeting Agenda March 5, 2019 – Page 458 of 487
Section 4. That the Mayor and City Cleric shall be authorized to execute and attest
the Compensation Summary, Temporary Construction Easement, standard fonn warranty
deeds and any other documents necessary to complete the conveyance authorized by this
Ordinance.
Section 5. That pursuant to the affinnative vote of one-half (1/2) plus one (1) of the
Members of the full Council, the rule requiring two (2) separate readings by title and one
(1) reading in full be, and the same is hereby, dispensed with, and accordingly, this
Ordinance shall be in full force and effect upon its passage, approval and publication.
PASSED by the City Council of the City of Meridian, Idaho, this Stn day of
March, 2019.
APPROVED by the Mayor of the City of Meridian, Idaho, this Stn day of
March, 2019.
CITY OF MERIDIAN
Mayor Tai Weerd
ATTES � 'AucusT�'�o
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C. ay Coles, ity Cleric (_Z~
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ORDINANCE AUTHORIZING CONVEYANCE OF PROPERTY - Page 2 of 4
ORDINANCE AUTHORIZING CONVEYANCE OF PROPERTY - Page 3 of 4
Meridian City Council Meeting Agenda March 5, 2019 – Page 460 of 487
ORDINANCE AUTHORIZING CONVEYANCE OF PROPERTY - Page 4 of 4
Meridian City Council Meeting Agenda March 5, 2019 – Page 461 of 487
NOTICE AND PUBLISHED SUMMARY
OF ORDINANCE PURSUANT TO I.C. § 50-901(A)
CITY OF MERIDIAN ORDINANCE NO. 19-1814
An Ordinance Authorizing The Conveyance Of Certain City Owned Real Property To The Ada
County Highway District For Right -Of -Way Purposes, A Portion Of Certain Real Property
Located Near The Northerly Pedestrian Entrance To Heroes Park On Ten Mile Road, In
Section 26, T4N, R1 W, BM (A Portion Of Ada County Assessor's Parcel SO426233770) In The
City Of Meridian, Ada County, Idaho; Authorizing The Mayor And City Clerk To Execute And
Attest On Behalf Of The City Of Meridian The Deed And Other Documents Necessary To
Complete The Transaction; Providing For A Waiver Of The Reading Rules; And Providing An
Effective Date. A full text of this ordinance is available for inspection at City Hall, City of
Meridian, 33 East Broadway Avenue, Meridian, Idaho. This ordinance shall become effective
upon the passage and p blication
p AUGUST
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t of ridian i 8"IDIP+,
Mayor and City Council w
By: C.Jay Coles, City Clerk
22
First Reading: ;-)e2TERofthe 1��PyJ�
Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code 50-
902: YES_ NO
Second Reading:
Third Reading: --
STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY
OF ORDINANCE NO. 19-1814
The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho,
hereby certifies that he is the legal advisor of the City and has reviewed a copy of the attached
Ordinance No. 19- / K / y of the City of Meridian, Idaho, and has found the same to
be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50-
901A (3).
DATED this —� day of March, 2019.
cojg
William. L.M. Nary
City Attorney
ORDINANCE SUMMARY FOR CONVEYANCE OF PROPERTY
351462 1877077
1 MERIDIAN, CITY OF
33 E. BROADWAY AVENUE
MERIDIAN ID 83642
AFFIDAVIT OF PUBLICATION
STATE OF IDAHO )
)SS.
County of Ada )
Sharon Jessen
of Nampa, Canyon County, Idaho, being
first duly sworn, deposes and says:
1. That I am a citizen of the United States,
and at all times hereinafter mentioned
was over the age of eighteen years, and
not a party to the above entitled action.
2. That I am the Principle Clerk of the
Meridian Press, a weekly newspaper
published in the City of Meridian, in the
County of Ada, State of Idaho; that
the said newspaper is in general
circulation in the said County of
Ada, and in the vicinity of
Meridian, and has been
uninterruptedly published in said
County during a period of seventy-eight
consecutive weeks prior to the first
publication of this notice, a copy of
which is hereto attached.
3. That the notice, of which the annexed is
a printed copy, was published in said
newspaper 1 time(s) in the regular and
entire issue of said paper, and was
printed in the newspaper proper, and not
in a supplement.
That said notice was published the following:
03/15/2019
STATE OF IDAHO)
County of Canyon)
On this 15th day of March in the year of
2019 before me a Notary Public, personally appeared.
Sharon Jessen, known or identified
to me to be the person whose name is subscribed
to the within instrument, and being by me first
duly sworn, declared that the statements therein
are true, and acknowledge to me that he/she
executed the same.
/v,'
-
Notary Public for Idaho%O
Residing at Canyon County = Vr ®TAiQ
My Commission expires 06/28/20b ® �"
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